EHS:cdc
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 371
June 4, 2021 - Offered by Representative Summerfield.
AB371-ASA1,1,5
1An Act to repeal 196.504 (1) (b) and 196.504 (2) (d);
to renumber and amend
2196.504 (2) (c);
to amend 24.40 (3), 86.16 (6), 196.504 (1) (c) 2., 196.504 (2) (a)
3and 196.504 (3) (intro.); and
to create 196.504 (2) (c) 1. b., 196.504 (2) (c) 3.,
4196.504 (2) (f), 196.504 (2e) and 196.504 (2t) of the statutes;
relating to: the
5broadband expansion grant program.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the broadband expansion grant program.
Current law requires the Public Service Commission to administer the
broadband expansion grant program, under which PSC designates as “underserved”
areas of the state that are served by fewer than two broadband service providers and
awards grants to eligible applicants for the purpose of constructing broadband
infrastructure in underserved areas. This bill changes the purpose of the grant
program to constructing broadband infrastructure in “unserved areas.” Under
current law, “unserved areas” are areas not served by an Internet service provider
(ISP) that is a fixed wireless service or wired service and that provides service at
actual speeds of at least 20 percent of the upload and download speeds for advanced
telecommunications capability as designated by the Federal Communications
Commission. The bill changes the speed standard for an unserved area to be at least
actual download speeds of 100 megabits per second and upload speeds of 20 megabits
per second.
Current law requires PSC to establish criteria for evaluating applications and
awarding grants under the broadband expansion grant program and requires that
the criteria give priority to projects meeting various standards, such as including
matching funds and involving public-private partnerships. Under the bill, the
criteria must require that projects serve unserved areas. The bill specifies that the
criteria must prioritize projects with 50 percent or more matching funds and projects
that are capable of offering service with either combined download speeds and
upload speeds of 900 megabits per second or greater, or download speeds of 450
megabits per second or greater and upload speeds of 450 megabits per second or
greater. When evaluating a grant application, the bill requires PSC to consider all
federal broadband grant program project areas related to the proposed project. The
bill prohibits PSC from awarding grants for projects that do not include a matching
requirement of at least 30 percent of the project cost in each year for the first three
years and at least 40 percent of the project cost in each subsequent year. The bill also
prohibits PSC from awarding grants for projects that are not capable of offering
download speeds of 100 megabits per second or greater and upload speeds of 20
megabits per second or greater (minimum download and upload speeds). However,
the bill allows PSC to award grants for a project offering download speeds of 25
megabits per second or greater and upload speeds of 3 megabits per second or greater
if the project demonstrates that it will meet the higher speed requirements on or
before January 1, 2025.
The bill adds a procedure by which an ISP in or near to a project area proposed
in an application for a broadband expansion grant may challenge the awarding of
that grant. An ISP may challenge the grant if that ISP currently provides or has
begun construction to provide broadband service to that area at minimum download
and upload speeds or if that ISP commits to completing construction of broadband
infrastructure and providing broadband service to that area at minimum download
and upload speeds no later than 36 months after the date grants are made for the
grant cycle under which the application was submitted. The bill requires PSC to
evaluate the challenge and prohibits it from funding the project if it determines as
credible the challenging ISP's commitment to provide broadband service that meets
the requirements.
The bill allows PSC to require the recipient of a broadband expansion grant to
submit a project completion final report before any withheld grant funds are
disbursed. The bill requires the final report to include the number of customer
locations passed, upgraded, or within range and how many actually ordered
broadband service as a result of the project, as well as an official certification of
speeds. The bill requires PSC to disburse any withheld grant funds to an eligible
grantee no later than 30 days after the final report is submitted, and to submit the
report to the joint committee on finance and to the appropriate standing committees
of the legislature. The bill requires PSC to provide technical assistance and
educational tools for broadband expansion grant project development.
The bill provides PSC a mechanism for annually collecting from ISP grantees
the same broadband availability and speed data they must disclose to the Federal
Communications Commission under the federal Broadband Deployment Accuracy
and Technological Availability Act (BDATAA) and to use this information to develop
and maintain broadband availability maps. However, the bill requires PSC to review
the maps created by the FCC under BDATAA and, if they provide sufficient
information to facilitate access to broadband service in unserved areas, eliminates
the requirement that ISPs annually disclose this information to PSC.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB371-ASA1,1
1Section 1
. 24.40 (3) of the statutes is amended to read:
AB371-ASA1,3,62
24.40
(3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the
3department, if the department grants an easement under sub. (1r) for the
4construction of broadband infrastructure in
underserved unserved areas, as
5designated under s. 196.504 (2)
(d) (e), the department may not require any appraisal
6or the payment of any fee to grant the easement.
AB371-ASA1,2
7Section 2
. 86.16 (6) of the statutes is amended to read:
AB371-ASA1,3,128
86.16
(6) If the department consents under sub. (1) to the construction of
9broadband infrastructure in
underserved unserved areas, as designated under s.
10196.504 (2)
(d) (e), the department may not charge any fee for the initial issuance of
11any permit necessary to construct broadband infrastructure along, across, or within
12the limits of a highway.
AB371-ASA1,3
13Section
3. 196.504 (1) (b) of the statutes is repealed.
AB371-ASA1,4
14Section
4. 196.504 (1) (c) 2. of the statutes is amended to read: